dismissed EB-2 (NIW)

Legal Administrator

Legal · 2023-06-06

Decision Date
2023-06-06
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner is a legal administrator seeking to work in the United States. The specific details of the endeavor's methodologies were not established as having national importance.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The AAO withdrew the Director's finding and determined the petitioner did not establish the national importance of the endeavor.

Why This Petition Was Denied

The motion to reopen was dismissed because the petitioner failed to submit new facts or documentary evidence. The motion to reconsider was dismissed because the petitioner did not demonstrate that the prior decision involved an incorrect application of law or policy. The AAO maintained its de novo authority to withdraw the Director's previous finding regarding the first prong of the Dhanasar framework.

Evidence

Evidence Types
Tax Returns
Brief

Similar Cases

Legal Assistant

Legal Services

USCIS EB-2 (NIW) dismissed
2022-12-12
The petitioner seeks to work as a legal administrator in the United States. The specific details of the research area or methodologies were not elaborated upon in the motion dismissal.

Researcher

Others

USCIS EB-2 (NIW) remanded
2024-11-22
The petitioner's proposed endeavor is to work as a Researcher in the field of Nutrition. The specific research area, methodologies, and intended impact are not detailed in the provided text.

Others

Unknown Industry

USCIS EB-2 (NIW) dismissed
2025-02-03
The petitioner's proposed endeavor involves pursuing a career with the military, specifically in an Information role, with a clear path to the Officer Route. He claims his expertise has benefited various organizations and his work has been used by others without proper credit.

Others

Unknown Industry

USCIS EB-2 (NIW) dismissed
2024-12-19
The petitioner's proposed endeavor is to obtain an EB-2 immigrant classification as a member of the professions holding an advanced degree, with a national interest waiver of the job offer requirement.

Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-06-06.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist